“TK” Talent Keyhold Program -Government Satellite. Why hasn’t Trump been arrested & indicted? ~Updated~

Overnight the Dept of Justice issued a scathing response to Trump’s Motion to appoint a Special Master & Order the Government to stop reading the lawfully obtained evidence. Moot something, something

Point of Personal Privilege: It’s been a few days but last week I explained I’d be out of pocket until Tuesday or Wednesday of this week. So happy Wednesday —I’m back (in a limited capacity) or at least until my workload slows down, ETA mid-September. Which is why for (almost the entire) month of October I work remotely from our beach house.

Government has Trump “dead to rights”…

…and clearly Donald J Trump and his attorneys are worried. As they should be. Again if you or I had any (and I mean any) classified information improperly removed and later stored said Government “properly” in our unsecured home or vacation home. There is zero ambiguity here;

…we’d be in jail and facing a multi count indictment…

The dichotomy here is Trump was/is a “former” President of the United States. He willfully and knowing absconded to his tacky south Florida shithole “country club” with dozens of classified documents. And then he tried to play the “hide the classified sausage” —At this point the possible affirmative defenses are no longer available for Trump. With the overnight filing by the Government

• “oh that document, I didn’t know what it contained”

• “the blame lays with the GSA”

• “I issued a (factious & imagery) standing order to declassify”

• “I swear and affirm there are no classified documents remaining at Mar-A-Largo”

Defending the indefensible #SpyDipShit007…

In the nearly three weeks since the execution of a lawful search and seizure warrant Team Trump’s excuses (see Esquire article for a detailed list of excuses) —in some respects Team Trump’s attempt to throw a bunch of spaghetti at the wall to see what sticks. Apparently both Bannon and Trump have something in common: these individuals forgot to actually boil the pasta before throwing the entire pot at the wall. And when nothing sticks to the wall, Trump has a predictable full on freaking out on his (troubled see here, here and here ) social media platform. If I’m having a craptastic day, occasionally I’ll hop on over to Truth-Social and I instantly laugh.

In all seriousness, let’s dive deeper into the Government’s Overnight Filing because there are a few tiny and I mean tiny details I think you should know about. I would now like to draw your attention to page 2, specifically the highlighted text and the footnote, which reads in part:

…President lacks standing to seek judicial relief or oversight as to Presidential records because those records do not belong to him. The Presidential Records Act makes clear that “[t]he United States” has “complete ownership, possession, and control” of them. 44 U.S.C. § 2202. …(emphasis added)

The government filed today under seal… more detailed receipt. Although the receipt of property already provided to Plaintiff at the time of the search, see In Re Sealed Search Warrant, No. 22-MJ-8332 (S.D. Fla.) (hereinafter, “MJ Docket”), D.E. 17 at 5-7, is sufficient under Fed. R. Crim. P. 41, the government is prepared, given the extraordinary circumstances, to unseal the more detailed receipt and provide it immediately to Plaintiff. (emphasis added)

The subtext of that particular footnote is in fact the Government going H-A-M on Trump and his effusive sycophants —feebly trying to defend the indefensible.

Government’s argument RE Special Master…

I’d like to draw your attention to page 3 because here the Government essentially argues Trump’s Motion is “moot” but more importantly there is binding legal precedence. More specifically see the December 2021 article and January 2022 SCOTUS Article both implicate the improper “executive privilege” argument Trump tried to argue. In non-legalese Trump “isn’t the executive” therefore his claims of executive privilege are, at best nonsensical and at worst a willful misinterpretation of executive privilege…

The Government makes two clear arguments:

..particularly inappropriate because binding Supreme Court precedent forecloses Plaintiff’s argument that review of these materials by personnel within the Executive Branch raises any such privilege concerns.

…appointment of a special master would impede the government’s ongoing criminal investigation and—if the special master were tasked with reviewing classified documents—would impede the Intelligence Community from conducting its ongoing review of the national security risk that improper storage of these highly sensitive materials may have caused and from identifying measures to rectify or mitigate any damage that improper storage caused. Lastly, this case does not involve any of the types of circumstances that have warranted appointment of a special master to review materials potentially subject to attorney-client privilege.

..Sensitive Compartmented Information and Special Access Program materials…

If you get the sense that there’s a bit of frustration (on my end) well that’s largely due to the fact some said I was wrong about the Special Access Program Documents (read more here and here). As it turns out some of us were wrong and some of us were actually correct. I’ll let you make that determination. Notwithstanding I’d now like to refer you to pages 5& 6 —Do you see what’s highlighted? Well tickle my toes what’s that? To be clear I’m fairly certain that my previous research would help my readers understand the gravity and totality of Trump’s theft of Government documents/property

…Trump received extraordinary deference by NARA & DOJ…at what cost?

The false narrative that Trump et al have spent nearly three weeks trying to flood the information zone, should not be ignored. Primarily as more facts come to light the more the average American has become reasonably informed. Especially with the tighter timeline of events that lead up to the August 8, 2022 execution of a search and seizure warrant. Because if you were to solely rely upon Trump’s specious narrative, that the FBI “broke in to his home” during an ‘unnecessary raid” then it would come as a shock that the NARA & DOJ actually gave Trump months, nearly a year and half to produce the documents that belonged to the Government…

For example I’d like to draw you attention to footnote #2 which reads in part (this is extraordinarily important because this raises the specter that there are several grand juries; SDFL and DDC —pay attention to the text I bolded. Mainly because some assumed the previously issued grand jury subpoenas came from the SDFL but that footnote clearly indicates that Grand Jury is seated in the DDC. Again it’s possible there are multiple grand juries but the confusion should be cleared up, or not…

The former President disclosed this subpoena and a subpoena for video footage at the Premises in his filings to this Court. See, e.g., D.E. 1 at 5-6. Thereafter, on August 29, 2022, Chief Judge Howell in the District of Columbia authorized the government to disclose to this Court these grand jury subpoenas and material discussed herein.

Trump’s attorney signed a “certificate”…

Here we can observe Team Trump in the wild pivoting to his Triple D playbook. That is Trump’s predictable: Delay, Deny and Distract technique. As you’ll note in the Government’s August 30th Response —Trump (or his attorneys) repeatedly requested “extension of time, to comply” —again that shows just how much the NARA & DOJ extended such deference to Trump. Frankly it’s understandable yet equally appalling. Moreover the false narrative by Trump that the DOJ went from zero to “raid” —strains credulity. Again as more facts become available, they consequently eviscerate Trump’s narrative.

“…another individual was also present as the custodian of records for the former President’s post-presidential office…”

that too is an important disclosure by the Government. In short the “another individual” isn’t an attorney. They are listed as a custodian of records. And my educated guess is that’s our Mr Ineptitude Kash Patel, you can read more about why I think Patel is implicated here, here and more specifically here —in my industry we often say; “silence is the refuge of the wise…now zip your trap” —because I don’t think it’s a reach that Patel likely aided and abetted Trump with respect to the classified documents, but Patel is also in the HSCJ6 cross hairs. I’m also fairly confident that when the HSCJ6 returns they will focus (again) on Trump and Patel’s actions during the three hours and 27+ minutes.

We’ve been over this before and I’ll never fully understand why so many overlooked the January 19, 2021 Change in Custodian letter Trump sent to NARA. Because a reasonable inference is the “another individual” is likely one of the names contained in the aforementioned letter…

Based upon the information that has been provided to me, I am authorized to certify, on behalf of the Office of Donald J. Trump, the following: a. A diligent search was conducted of the boxes that were moved from the White House to Florida; b. This search was conducted after receipt of the subpoena, in order to locate any and all documents that are responsive to the subpoena; c. Any and all responsive documents accompany this certification; and d. No copy, written notation, or reproduction of any kind was retained as to any responsive document.

…counsel for the former President represented that all the records that had come from the White House were stored in one location—a storage room at the Premises.. were no other records stored in any private office space or other location…Counsel further represented that there at the Premises and that all available boxes were searched..

I don’t think in August of 2021 I knew just how entrenched Christina Bobb would become in August 2022 but as you’ll note in the Exhibits. The Government proffered the signed document —where we can all see that an attorney signed that document. I mean we are once again at the point where Trump’s attorneys need to hire a competent white collar crime attorney.

Trump: I stole the documents but the Court should return the stolen property to me ‘cause I’m Donald #SpyDipShit007 Trump…

In non-legalese, Trump’s attorney not only signed an affidavit but insofar as a certificate that no classified documents remained at Mar-A-Largo. Now the question might be: “did Trump lie to his attorneys” and that’s why they signed the affidavit/certificate? If I were to be a betting person I’d bet that’s the affirmative defense Trump’s attorney might use to explain their flagrant violation of 18 U.S.C. §1001 —it’s unclear if that would be a sufficient explanation if or when the FBI questions the attorney who signed the affidavit. So for now I think it’s best to wait and see how the chips fall… also for those unaware of what a Redweld Envelope is, see here. Now we turn to the “good stuff” in the Government’s response;

“…After Further Investigation Indicated that the Response to the Subpoena Was Incomplete, that Obstructive Conduct Occurred in Connection with the Response to the Subpoena, and that Classified Information Remained at the Premises, DOJ Obtained a Court-Authorized Search Warrant…”

Again the footnotes in the Government’s response are really spectacular, primarily because the Government annihilated nearly all of Trump’s excuses and the Government did so with astounding clarity… while pointing out the infirmaries of Trump’s arguments and his lack luster attempt to ameliorate said fatal errors. See footnote 5, it all of its delicious glory;

You’ll also note that the Government proffered that at least one of the classified documents was recovered from Trump’s desk. Meaning that document wasn’t properly stored in a secured area. Moreover the fulsome explanation of the three passports the FBI seized during the lawful execution of a judicially authorized search and seizure warrant.

Moreover the Government also proffered up the following (important) disclosure because I can not emphasize enough how important this tiny fact is. Mainly because this affirms just how sensitive these “highly classified” documents are/were. That even the FBI and DOJ attorneys had to “obtain additional clearances before they were permitted to review certain documents” —that tiny fact alone should truly help you understand just how much of an “insider threat” Donald J Trump is to our shared and collective National Security…

Certain of the documents had colored cover sheets indicating their classification status. See, e.g., Attachment F (redacted FBI photograph of certain documents and classified cover sheets recovered from a container in the “45 office”). The classification levels ranged from CONFIDENTIAL to TOP SECRET information, and certain documents included additional sensitive compartments that signify very limited distribution. In some instances, even the FBI counterintelligence personnel and DOJ attorneys conducting the review required additional clearances before they were permitted to review certain documents.

Moving on to the second paragraph on page 13 -here the Government rightfully argues that the misrepresentations of which Trump’s attorney signed on June 3, 2022 —cast serious doubt over the specious claims that Trump was cooperating and his attorneys were being truthful. The paragraph which reads in part:

That the FBI, in a matter of hours, recovered twice as many documents with classification markings as the “diligent search” that the former President’s counsel and other representatives had weeks to perform calls into serious question the representations made in the June 3 certification and casts doubt on the extent of cooperation in this matter.

Trump’s claims of executive privilege & facisim

On its face Trump’s latest pivot isn’t unexpected. Mainly because it’s obvious that Trump not only thinks but also acts as if he is above the law. If we as a Country truly believe in the Rule of Law and more importantly no person is above the law —then obviously the DOJ must indict Trump. Which is a growing reality within the twisted and illogical Trump-Land. This fact is largely affirmed by Sen Graham’s incendiary and reckless “riot in the streets” —simply put Sen Graham is a ranking member of the Senate Judiciary Committee. He know better. But his fealty to Donald Trump dictates that he must defend the indefensible at all cost.

Here’s the problem with folks like Sen Graham —to say there could be violence in the streets, that’s a low key way to signal to Trump’s domestic terrorist, damnit I mean MAGA-GOP to “stand back and stand by” --the fact that Graham failed to condemn any political violence. In my view that could be construed as Graham being an accessory for a political assassination.

And yet the MAGA-GOP feign pearl clutching outrage over President Biden’s “semi-fascist” —in my view President Biden didn’t go far enough. That correctly stating certain fractions with the GOP are in fact “semi facist” here’s how Miriam-Webster defines fascism:

1: often capitalized : a political philosophy, movement, or regime (such as that of the Fascisti) that exalts nation and often race above the individual and that stands for a centralized autocratic government headed by a dictatorial leader, severe economic and social regimentation, and forcible suppression of opposition

2: a tendency toward or actual exercise of strong autocratic or dictatorial control

There’s a colloquium that comes to mind: if it walks like a duck, if it sounds like a duck -well duh it’s a damn duck. The Trump-MAGA-GOP is akin to the “inmates running the asylum”. And that is all on the Republican-semi-facist-Party. Here’s the ugly truth; the GOP willingly crawled into bed with a thrice married, creditably accused sexual predator and then allowed their party to become overrun by a dangerous narcissist sociopath —who spent years radicalizing thousands, if not millions of Americans. He went as far as to issue numerous calls to arms and on Jan6th (and the proceedings days) that cost Americans their lives.

For Example, on pages 14 thru 17 the Government clearly explains that the documents in question do not belong to Trump. Those documents belong to the United States Government and yet Trump is using his social media platform to enrage his domestic terrorist, (damnit I mean the MAGA-GOP) as a rallying cry for his supporters to take up arms against the FBI and more broadly our Government. Again if the Republicans don’t like being called “semi fascist” —then perhaps they need to dump Donald J Trump.

The Exhibits are truly extraordinary…

And while I absolutely encourage you to read the Government’s 36 page filing and also encourage you to read the 18-page attached exhibits —for example the Government included a copy of the Grand Jury Subpoena #GJ2022042790054 (see pages 11 & 12) I mean the itemized list included in that May 2022 subpoena is just astounding. Mainly because the expected Trump defense “that he didn’t do anything unlawful” just won’t cut it.

Allow me to explain in layman’s terms, that May 2022 Grand Jury Subpoena is directed to Trump; in his individual capacity. That important distinction should not be overlooked. Moreover I think the Government could argue that Trump’s excuses are invalid. Mainly that the Government has “produced evidence” that Trump (likely repeatedly) moved the documents. Insofar as to argue Trump obstructed Justice —that’s all but confirmed in the Government’s Aug 30th filing. Nor can Trump feign ignorance. Purportedly three highly classified documents were later recovered inside the desk of his Trump 45 office…

This means the previous discussion—where I explained the types of Possession, come into much sharper contextual focus. You can read more here. Because here again the Government filing clearly reads as if it’s an actual indictment.

As to the June 2022 signed affidavit/certification -There’s no fuzz here. There’s zero ambiguity. There’s no “misunderstanding” —this is actual evidence that Trump and his attorneys didn’t cooperate. Nor were they truthful, forthright or candid to investigators. Because now we know exactly what was signed. In my non-binging opinion, Trump’s attorneys need to hire attorneys, yet again.

And now to the infamous picture that’s dominated nearly every single mainstream new outlet (since 11:13PM EST August 30, 2022) see SDFL-ECF or you can pull the exhibit down from my Scribd account -so if we are in agreement with the provenance of this picture… let’s zoom in

At this point you’re probably wondering what the title of this article means, or how on earth I concluded said: “TK” Talent Keyhold Program -Government Satellite. Well the answer is relatively easy, 1) I can read English (although it’s arguable if I can type it), 2) I zoomed in on Exhibit F (pages 17 & 18), and 3) I used the magnification feature…

To help you be better informed, I’d recommend you read the ODNI Guidelines circa 2008-2009 and publicly released in 2018 - again there’s nothing magical about this information. It’s merely an exercise of critical thinking and harnessing my skill set to dig deeper into the public records

Additionally here’s a 1970’s document regarding: KEYHOLE (TK) - National Reconnaissance Office -lastly some are actually conflating the January 2022 NARA recovery of the 15 boxes to the August 8, 2022 warrant. To be clear the Exhibits, specious exhibit F —that’s what FBI agents recovered in the lawful execution of the search and seizure warrant. And it bears repeating, it took FBI agents a mere two hours to obtain the documents Trump stole. Whereas Trump’s attorneys misrepresented to the Government in their June 2022 certificate.

Lastly you should take a moment and read the August 28, 2022 ODNI letter to both chambers of Congress, specifically the requisite Committee Chairs -which the Washington Post recently obtained and published. This is important because

Because as the Government disclosed on pages 19 thru 21 - the ODNI officially notified the DOJ (on August 29, 2022) that it has initiated a preliminary review aka “risk assessment” concerning the plethora of highly classified documents that Donald J Trump stole and then recklessly stashed in his tacky Country Club…

As is my standard practice you can down load Documents 48 & 48-1 via the SDFL-ECF: 48 Main Document -36 pages and Exhibits A-F18 pages or you can pull down both documents via my Scribd Account, found here and here —but for now I need to head into a 2:30PM meeting

Updated at 5:45PM August 31, 2022

Last week I rhetorically asked: Does the DOJ know for sure they clawed back ALL the classified documents? That’s a serious question: because after reading the Government’s August 30th filing —it certainly appears the DOJ has evidence that even after the two grand jury subpoenas, Trump was unlawfully moving sensitive documents out of Mar-A-Largo to his other properties. Again I could be reading too much into the Government’s response; but I’m also using my industry knowledge and that’s the factual and logical conclusion I keep coming up with. That Donald J Trump “knowingly and willfully” retained Government property that was never his to retain. And that makes me think investigators will likely file for additional search and seizure warrants. Specifically for Trump’s BedMinster Estate and Trump Tower. Again I could be wrong but I don’t think I am..

And of course your daily saltwater therapy —to be clear flying to an industry symposium post COVID-19 was, in a word interesting. Yet oddly I’m looking forward to early October when I’ll be flying to New Orleans for another work related symposium and then I’ll be telecommuting from our beach house.

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I probably won’t have time to publish an article tomorrow. As of late I’m putting in 16+ hour work days and by the time my kids are in bed —I’m just mentally exhausted. Meaning I’m learning to know my limitations and I’m not trying to press myself to the breaking point by intentionally busing myself with my extracurricular Substack activities. See I really am taking the guidance of my grief counselor to heart, or at least that’s what I’m trying to do.

Be Well -Filey

whispers tonight’s Instagram post is going to be amazing, last night I decided to cut my evening run short and I opted to set up a Timelapse of the Blue-ridge-Mountain foothills after an intense thunderstorm hit the DMV…

..to say last night’s sunset was breathtaking, that might be an understatement because even I was blown away with what my camera captured ¯\_(ツ)_/¯ and that says a lot because I don’t often surprise myself.